2017-01-12-minutes-continuation-of-mountanin-river-trails-camping-associatin-appeal-hearing

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Board of Health Appeal Minutes January 12, 2017 3 of 4 Mr. Elliott also agreed that these were reasonable requests. Commissioner Jewell looked at WAC 246-272A-0270 and did not find any prescriptive authority that says you need to report these requirements to the local health department/jurisdiction, but there are several places where these requirements are lifted right out of the WAC and are followed with: "where required by the local health department/jurisdiction". Commissioner Jewell noted that he believes that the WAC allows for enough flexibility and could be interpreted that the health department can require these types of reporting requirements and supports keeping this requirement. The last item up for discussion was the assessment for $9,626.84 to be assed jointly and severely against MRT and its membership and the appellant objects. Mr. Elliott noted that he does not think this is out of line with the regular practices of public health with re -inspection processes. Commissioner Osiadacz briefly discussed and asked for clarification from the last meeting about the timeline and when it was appropriate to start charging for staff time. Commissioner Jewell reviewed Kittitas County Code 1375.060 that deals with abatement and the processes. The code does specify that the county does have to go in and abate, and does not consider the process for notice and inspections like the work that has been done here, and believes that is the appellant's argument. The county's argument is that while it does talk about abatement, there is one line that is a little more general that they are relying on. Commissioner Osiadacz stated that she would be against the assessment piece due to not enough clarification in code. Commissioner Jewell sides against the assessment piece, not because he doesn't think we should charge, but because our code does not allow us to. Commissioner Jewell believes that the appellant is correct that in code 1375.060 considers abatement costs only in the case of Health Order or other abatement is required for follow through. The county would be correct if done under title 18 action, but this is not the case. Commissioner Jewell will side against the assessment with Commissioner Osiadacz. Commissioner Jewell also noted that the county could change the code and does not think it is unreasonable to do so, especially when there is a large violation. Commissioner Jewell asked how the board moves forward with appeal. Neil Caulkins, Kittitas County Prosecuting Attorney, stepped to the microphone and noted that a decision on the appeal makes the most sense. James Carmody, Mountain River Trails Representative, agreed. Commissioner Jewell asked the group to take action on the following: ■ Violations are responsibility of Mountain River Trails Association: Commissioner Jewell noted that the board will deny the appeal with regard to this issue. ■ Reporting requirements that were presented in Amendment # 1: the board will deny the appeal with regard to this issue. • Assessment of $9,600.00: the board will affirm the appeal and have staff prepare enabling documents to memorialize that decision. Commissioner Jewell asked for a motion. Motion 01-01: Motion to deny the appeal with regard to overturning liability and it will remain attached to Mountain River Trails Camping Association as the landowner; deny the appeal with regard to reporting requirements as issued in the Heath Order Amendment #1; and affirmed appeal in regards to the assessment of $9,600.00. Rich Elliott moved to deny the appeal with regard to overturning liability and it will remain attached to Mountain River Trails Camping Association